Council for Trade-Related Aspects of Intellectual Property
Rights - Review of Implementation of the Agreement under
Article 71.1 - Proposal on Protection of the Intellectual
Property Rights of the Traditional Knowledge of Local
and Indigenous Communities

Council for Trade-Related Aspects of Intellectual Property
Rights - Review of the provisions of article 27.3(b)

Content
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Proposals:

TRIPS and CBD should be mutually supportive. Note CBD
art. 16.5. Need to consider benefit-sharing and ethics
of patents on lifeforms. Should not alter delicate 27.3(b)
wording. Consider disclosure of origin proposal. Sui
generis should be flexible.

Council for Trade-Related Aspects of Intellectual Property
Rights - Review of the Provisions of Article 27.3(b) -
Proposal on Protection of the Intellectual Property Rights
Relating to the Traditional Knowledge of Local and Indigenous
Communities

General Council - Preparation for the 1999 Ministerial
Conference - Implementation Issues to be Addressed Before/At
Seattle

Content
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Proposals:

Pending examination of TRIPS/CBD relationship, patents
incompatible with CBD art.15 will not be granted. TRIPS
art.64, paragraph 2, will be modified so that subparagraphs
b and c of GATT 94 Art 23 shall not apply. Art.66.2 provisions
shall be made obligatory and subject to periodic notification.
Guidelines on categories of incentives shall be established.
Art 27.3(b) implementation shall be 5 years from end of
Review. List of 27.3(b) exceptions to patentability shall
include drugs on WHO essential drugs list.

General Council - Preparation for the 1999 Ministerial
Conference - Proposals Regarding the TRIPS Agreement (Paragraph
9(a)(ii) of the Geneva Ministerial Declaration)

Content
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Proposals:

Include the principles of the CBD, and the Indian proposal
prohibiting the grant of patents inconsistent with CBD
art 15. Establish system to protect TK, and recognise
rights of collective holders. Extend 27.3(b) exceptions
to include WHO essential drugs. Extend incentives in art
66.2 to developing Members. Make art 7 and 8 operational.
Establish mechanisms of support through e-commerce.

General Council - Preparations for the 1999 Ministerial
Conference - The TRIPS Agreement

Content
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Proposals:

TRIPS Council should clarify scope of review. Extend implementation
deadline until after review. Patentability exclusion should
extend to micro-organism and micro-biological processes.
Add interpretative footnote re sui generis confirming
can include protection of indigenous and local community
innovations; right to save and exchange seeds and sell
harvest; prevent anti-competitive rights or practices
threatening food security. Harmonise 27.3(b), CBD, IU.

General Council - The Challenge of Integrating LDCS into
the Multilateral Trading System - Coordinating Workshop
for Senior Advisers to Ministers of Trade in LDCs in Preparation
for the Third WTO Ministerial Conference

Content
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Proposals:

Should be formal clarification that naturally-occurring
plants and animals, their parts, gene sequences and essentially
biological processes for production should not be granted
patents. Patents inconsistent with CBD art 15 must not
be granted. Members should retain flexibility re sui
generis systems.